Freeborn County Sheriff Kurt Freitag is appealing his 2019 salary set last week by the Freeborn County Board of Commissioners.

Freitag took action Thursday after commissioners approved his salary at $97,020 Dec. 11, a 4.99 percent increase from his $92,403 pay. Freitag requested a more than 22 percent increase to $113,952.

“The basis for the appeal is that the board of commissioners, in setting such salary, acted in an arbitrary, capricious and oppressive manner, and failed to sufficiently take into account the responsibilities and duties of the office of sheriff, the sheriff’s experience, qualifications and performance,” the appeal states.

Freitag requested a hearing on the appeal to present oral testimony and documentary evidence.

“Sheriff further respectfully requests an order of the court awarding the sheriff attorneys fees and his costs and expenses incurred within,” he said.

Freitag said he’s “asking for an average salary based off of two comparable groups.”

He said Friday he is the lowest paid sheriff in two groups across the state. One includes Becker, Carlton, Cass, LeSueur, McLeod, Mille Lacs, Morrison, Nicollet, Pine, Polk and Steele counties. The second group included District 6, including Fillmore, Wabasha, Dodge, Houston, Waseca, Mower, LeSueur, Winona, Steele and Goodhue. Rice and Olmsted counties were kept off the list because of their larger size, Freitag said.

He said his request was based on the 2018 average salary of the two groups with 4 percent cost-of-living adjustments — $113,952.

Freitag said commissioners didn’t take “everything into consideration that should have been taken into consideration. I think they had their minds made up from beginning.”

Freitag spoke highly of his first term.

“We’ve had a great first term,” he said. “We’ve accomplished many things.”

He mentioned improved services and transparency under his leadership.

“My experience, abilities and performance … these are the things that I’m just going to ask the judge to consider,” Freitag said.

“I don’t think asking for average is out of line.”

Board Chairman Chris Shoff noted former Freeborn County Attorney Craig Nelson and Sheriff Bob Kindler unsuccessfully appealed their salaries at different points.

“It’s fairly rare that elected officials file on that,” Shoff said.

Shoff said the board evaluates salary requests, individual performances and takes due diligence in setting salaries.

“The last two times that people have sued us for wages, the judges have ruled in the county’s favor,” he said. “I have no doubt that this would be the case this time.”

Shoff said he is concerned over the time, energy, effort and expense the county will undertake in the process. He said several factors come into why other sheriffs make more, including how much experience they have and other factors.

He said he is comfortable with the factors the county took in determining Freitag’s salary.

In an email statement, District 2 Commissioner Dan Belshan said, “according to state statute, the sheriff has the right to appeal wages, and as an elected employee, he has the right to take the county to court.”

“I don’t want to jeopardize the county in any lawsuit, so I’ll limit my comments until after the proceedings,” he said.

Commissioners Mike Lee, Glen Mathiason and Jim Nelson declined extensive comment on the appeal.

“We’ll let the courts take care of it,” Nelson said.